Common use of Information Furnished Clause in Contracts

Information Furnished. Borrower will furnish to Bank: (a) Within sixty (60) days after the close of each fiscal quarter, except for the final quarter of each fiscal year, its unaudited balance sheet as of the close of such fiscal quarter, its unaudited income and expense statement for that fiscal quarter and 10-Q report, prepared in accordance with generally accepted accounting principles; (b) Within one hundred twenty (120) days after the close of each fiscal year, a copy of its statement of financial condition including at least its balance sheet as of the close of such fiscal year, its income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by one of the major independent certified public accountants selected by Borrower and 10-K report, in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous year; (c) As soon as available and at Bank's request, copies of such financial statements and reports as Borrower may file with any state or federal agency, including all state and federal income tax returns; (d) Such other financial statements and information as Bank may reasonably request from time to time; (e) In connection with each financial statement provided hereunder, a statement executed by chief financial officer of Borrower, certifying that no default has occurred and no event exists which with notice or the lapse of time, or both, would result in a default hereunder; (f) Prompt written notice to Bank of all events of default under any of the terms or provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which would have a Material Adverse Effect on Borrower's financial condition; and of any other matter which has resulted in, or is likely to result in, a material adverse change in its financial condition or operations; (g) Prompt written notice to Bank of any changes in Borrower's officers and other senior management; Borrower's name; and location of Borrower's assets, principal place of business or chief executive office; (h) Within fifteen days (15) days after each calendar month end, a copy of Borrower's monthly accounts receivable aging and within thirty days (30 days) of each calendar month end, copy of accounts payable aging and a certification of compliance with the Borrowing Base described above, executed by Borrower's chief financial officer or other duly authorized officer of Borrower, in form acceptable to Bank, which certificate shall accurately report Borrower's accounts receivable, Eligible Accounts, inventory and Eligible Inventory. Borrower will permit Bank to audit, at Borrower's expense, Bank's collateral upon reasonable advance notice and during regular business hours; (I) Within thirty days (30) of any material changes in Borrower's Licensing Agreements, Borrower shall provide notice of change of terms and conditions to Bank.

Information Furnished. Borrower will furnish to Bank: (a) Within sixty (60) days after the close of each fiscal quarter, except for the final quarter of each fiscal year, its unaudited balance sheet 10-Q as of the close of such fiscal quarter, its unaudited income and expense statement for that fiscal quarter and 10-Q report, prepared in accordance with the generally accepted accounting principlesprinciples and the requirements of the Securities and Exchange Commission; (b) Within one hundred twenty One Hundred (120100) days after the close of each fiscal year, a copy of its statement of financial condition including at least its balance sheet Form 10-K as of the close of such fiscal yearquarter, its income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by one of the major independent certified public accountants selected by Borrower and 10-K report, in accordance with the generally accepted accounting principles applied on a consistent basis consistent with that of last year and the previous yearrequirements of the Securities and Exchange Commission; (c) As soon as available and at Bank's request, copies Copies of such financial statements and reports as Borrower may file with any state or federal agency, including all state and federal income tax returns;, as Bank may reasonably request from time to time. (d) Such other financial statements and information as Bank may reasonably request from time to time; (e) In connection with each financial statement provided hereunder, a statement executed by the president or chief financial officer of Borrower, certifying that no default has occurred and no event exists which with notice or the lapse of time, or both, would result in a default hereunder; (f) Prompt written notice to Bank of all events of default under any of the terms or provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which which, if decided adversely to Borrower, would have a Material Adverse Effect material adverse effect on Borrower's financial condition; and of any other matter which has resulted in, or is likely to result in, a material adverse change in its financial condition or operations; (g) Prompt Prior written notice to Bank of any changes in Borrower's officers and other senior management; Borrower's name; and location of Borrower's assets, principal place of business or chief executive office; (h) Within fifteen days (15) days after each calendar month end, a copy of Borrower's monthly accounts receivable aging and within thirty days (30 days) of each calendar month end, copy of accounts payable aging and a certification of compliance with the Borrowing Base described above, executed by Borrower's chief financial officer or other duly authorized officer of Borrower, in form acceptable to Bank, which certificate shall accurately report Borrower's accounts receivable, Eligible Accounts, inventory and Eligible Inventory. Borrower will permit Bank to audit, at Borrower's expense, Bank's collateral upon reasonable advance notice and during regular business hours; (I) Within thirty days (30) of any material changes in Borrower's Licensing Agreements, Borrower shall provide notice of change of terms and conditions to Bank.

Information Furnished. Borrower will furnish to Bank: (a) Within sixty forty five (6045) days after the close of each fiscal quarter, except for the final quarter of each fiscal year, its unaudited balance sheet as of the close of such fiscal quarter, its unaudited income and expense statement with supportive schedules and statement of retained earnings for that fiscal quarter and 10-Q reportquarter, prepared in accordance with generally accepted accounting principles; (b) Within one hundred twenty ninety (12090) days after the close of each fiscal year, a copy of its statement of financial condition including at least its balance sheet as of the close of such fiscal year, its income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by one of the major independent certified public accountants selected by Borrower and 10-K reportreasonably satisfactory to Bank, in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous year; (c) As soon as available and at Bank's requestWithin forty five (45) days after the close of each fiscal quarter, copies a summary report representing the aggregate dollar value of such financial statements and reports as Borrower may file orders with any state or federal agency, including all state and federal income tax returns;estimated shipment dates occurring within a twelve (12) month period following the immediately preceding fiscal quarter. (d) Such other financial statements and information, including due diligence information and materials related to any acquisition, as Bank may reasonably request from time to time; (e) In connection with each financial statement provided hereunder, a certification of compliance and a statement executed by chief financial an authorized corporate officer of Borrower, certifying that no default has occurred and no event exists which with notice or the lapse of time, or both, would result in a default hereunder; (f) Prompt written notice to Bank of all events of default under any of the terms or provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which which, if decided adversely to Borrower, would have a Material Adverse Effect material adverse effect on Borrower's financial condition; and of any other matter which has resulted in, or is likely to result in, a material adverse change in its financial condition or operations; (g) Prompt written notice to Bank of any changes in Borrower's officers and other senior management; Borrower's name; and location of Borrower's assets, principal place of business or chief executive office; (h) Within fifteen days (15) days after each calendar month end, a copy of Borrower's monthly accounts receivable aging and within thirty days (30 days) of each calendar month end, copy of accounts payable aging and a certification of compliance with the Borrowing Base described above, executed by Borrower's chief financial officer or other duly authorized officer of Borrower, in form acceptable to Bank, which certificate shall accurately report Borrower's accounts receivable, Eligible Accounts, inventory and Eligible Inventory. Borrower will permit Bank to audit, at Borrower's expense, Bank's collateral upon reasonable advance notice and during regular business hours; (I) Within thirty days (30) of any material changes in Borrower's Licensing Agreements, Borrower shall provide notice of change of terms and conditions to Bank.

Information Furnished. Borrower will furnish to Bank: (a) Within sixty Forty Forty-Five (6045) days after the close of each fiscal quarter, except for the final quarter of each fiscal year, its unaudited balance sheet as of the close of such fiscal quarter, its unaudited income and expense statement with Supportive schedules and statement of retained earnings for that fiscal quarter and 10-Q reportquarter, prepared in accordance with generally accepted accounting principles; (b) Within one hundred twenty One Hundred and Twenty (120) days after alter the close of each fiscal year, a copy of its statement of financial condition including at least its balance sheet as of the close of such fiscal year, its income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by one of the major independent certified public accountants selected by Borrower and 10-K reportreasonably satisfactory to Bank, in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous year; (c) As soon as available and at Bank's request, copies of such financial statements and reports as Borrower may file with any state or federal agency, including all state and federal income tax returns; (d) Such other financial statements and information as Bank may reasonably request from time to time; (ed) In connection with each financial statement provided hereunder, a statement executed by the chief financial officer of Borrower, certifying that no default has occurred and no event exists which with notice or the lapse of time, or both, would result in a default hereunder; (e) In connection with each fiscal year-end statement required hereunder, any management letter of Borrower's certified public accountants; (f) Prompt written notice to Bank of all events of default under any of the terms or provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which which, if decided adversely to Borrower, would have a Material Adverse Effect material adverse effect on Borrower's financial condition; and of any other matter which has resulted in, or is likely to result in, a material adverse change in its financial condition or operations;; and (g) Prompt Prior written notice to Bank of any changes in Borrower's officers and other senior management; Borrower's name; and location of Borrower's assets, principal place of business or chief executive office;; and (h) Within fifteen days Forty-Five (1545) days after each calendar month quarter end, a copy of Borrower's monthly Borrowers quarterly accounts receivable aging and within thirty days (30 days) of each calendar month end, copy of accounts payable aging and a certification of compliance with the Borrowing Base described above, executed by Borrower's chief financial officer or other duly authorized officer of Borrower, in form acceptable to Bank, which certificate shall accurately report Borrower's accounts receivable, Eligible Accounts, inventory and Eligible Inventory. Borrower will permit Bank to audit, at Borrower's expense, Bank's collateral upon reasonable advance notice and during regular business hours; (I) Within thirty days (30) of any material changes in Borrower's Licensing Agreements, Borrower shall provide notice of change of terms and conditions to Bankaging.

Information Furnished. Borrower will furnish to Bank: (a) Within sixty forty-five (6045) days after the close of each fiscal quarter, except for the final fiscal quarter of each fiscal year, its unaudited balance sheet as of the close of financial statements (on Form 10Q) for such fiscal quarter, its unaudited income and expense statement for that fiscal quarter and 10-Q report, all prepared in accordance with generally accepted accounting principlesGAAP; (b) Within one hundred twenty (120) days after the close of each fiscal year, a copy of its statement of financial condition including at least its balance sheet as of the close of such fiscal year, its income and expense statement and retained earnings statement statements (on Form 10K) for such fiscal year, examined and prepared on an audited basis by one of the major independent certified public accountants selected by Borrower and 10-K report, reasonably satisfactory to Bank in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous yearGAAP; (c) As soon as available and at Bank's request, copies Concurrently with the delivery of such the financial statements described in subsections (a) and reports as Borrower may file (b) of this Section 4.5, a certification of compliance with any state all financial covenants under this Agreement, executed by Borrower’s president, chief financial officer or federal agency, including all state other duly authorized officer in form and federal income tax returnssubstance acceptable to Bank; (d) Such other financial statements and information as Bank may reasonably request from time to time; (e) In connection with each financial statement provided hereunder, a statement executed by chief financial officer of Borrower, certifying that no default has occurred and no event exists which with notice or the lapse of time, or both, would result in a default hereunder; (f) Prompt written notice to Bank of all events any Event of default Default or breach under any of the terms or provisions of this Agreement or of any other agreementLoan Document, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which would have a Material Adverse Effect material adverse effect on Borrower's ’s financial condition; , and of any other matter which has resulted in, or is likely to result in, a material adverse change in its Borrower’s financial condition or operationsoperations taken as a whole; (ge) Prompt Prior written notice to Bank of any changes change in Borrower's officers and other senior management; ’s officers, Borrower's name; and ’s name or state of organization, or the location of Borrower's ’s assets, principal place of business or chief executive office; (hf) Within fifteen days (15) days after each calendar month endBorrower knows or has reason to know that any material Reportable Event (as such term is defined in ERISA) or Prohibited Transaction (as such term is defined in ERISA) has occurred with respect to any defined benefit pension plan of Borrower, a copy statement of Borrower's monthly accounts receivable aging and within thirty days (30 days) of each calendar month end, copy of accounts payable aging and a certification of compliance with the Borrowing Base described above, executed by Borrower's chief financial officer or other duly an authorized officer of BorrowerBorrower describing such event or condition and the action, in form acceptable to Bankif any, which certificate shall accurately report Borrower's accounts receivable, Eligible Accounts, inventory and Eligible Inventory. Borrower will permit Bank proposes to audit, at Borrower's expense, Bank's collateral upon reasonable advance notice and during regular business hours;take with respect thereto; and (Ig) Within thirty days (30) of any material changes in Borrower's Licensing Agreements, Such other financial statements and information concerning Borrower shall provide notice of change of terms and conditions as Bank may reasonably request from time to Banktime.

Information Furnished. Borrower will furnish to Bank: (a) Within sixty (60) days after the close of each fiscal quarter, except for the final quarter of each fiscal year, its unaudited balance sheet as of the close of such fiscal quarter, its unaudited income and expense statement with supportive schedules and statement of retained earnings for that fiscal quarter and 10-Q reportquarter, prepared in accordance with generally accepted accounting principles; (b) Within one hundred twenty (120100) days after the close of each fiscal year, a copy of its consolidating financial statements and its consolidated statement of financial condition including at least its balance sheet as of the close of such fiscal year, its income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by one of the major independent certified public accountants selected by Borrower and 10-K reportreasonably satisfactory to Bank, in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous year;, except for any inconsistencies explained in such audit of the notes thereto. (c) As soon as available and at Bank's requestavailable, copies of such financial statements and reports as Borrower may file with any state or federal agency, including all state and federal income tax returns; (d) Such other financial statements and information as Bank may reasonably request from time to time; (e) In connection with each financial statement provided hereunder, a statement executed by chief financial officer of Borrower, certifying that no default has occurred and no event exists which with notice or the lapse of time, or both, would result in a default hereunder; and a certification of compliance with all covenants under the Agreement, executed by Borrower's chief financial officer or other duly authorized officer of Borrower, in form reasonably acceptable to Bank; (f) Prompt written notice to Bank of all events of default under any of the terms or provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which which, if decided adversely to Borrower, would have a Material Adverse Effect material adverse effect on Borrower's financial condition; and of any other matter which has resulted in, or is likely to result in, a material adverse change in its financial condition or operations;; and (g) Prompt written Written notice to Bank of any changes in Borrower's officers and other senior management; , and prior notice to Bank of any changes in Borrower's name; and , the location of Borrower's assets, or Borrower's principal place of business or chief executive office; (h) Within fifteen days (15) days after each calendar month end, a copy of Borrower's monthly accounts receivable aging and within thirty days (30 days) of each calendar month end, copy of accounts payable aging and a certification of compliance with the Borrowing Base described above, executed by Borrower's chief financial officer or other duly authorized officer of Borrower, in form acceptable to Bank, which certificate shall accurately report Borrower's accounts receivable, Eligible Accounts, inventory and Eligible Inventory. Borrower will permit Bank to audit, at Borrower's expense, Bank's collateral upon reasonable advance notice and during regular business hours; (I) Within thirty days (30) of any material changes in Borrower's Licensing Agreements, Borrower shall provide notice of change of terms and conditions to Bank.

Information Furnished. Borrower will furnish to Bank: (a) Within sixty (60) days after the close of each fiscal quarter, except for the final quarter of each fiscal year, its unaudited balance sheet 10-Q as of the close of such fiscal quarter, its unaudited income and expense statement for that fiscal quarter and 10-Q report, prepared in accordance with the generally accepted accounting principlesprinciples and the requirements of the Securities and Exchange Commission; (b) Within one hundred twenty One Hundred Twenty (120) days after the close of each fiscal year, a copy of its statement of financial condition including at least its balance sheet Form 10-K as of the close of such fiscal yearquarter, its income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by one of the major independent certified public accountants selected by Borrower and 10-K report, in accordance with the generally accepted accounting principles applied on a consistent basis consistent with that of last year and the previous yearrequirements of the Securities and Exchange Commission; (c) As soon as available and at Bank's request, copies Copies of such financial statements and reports as Borrower may file with any state or federal agency, including all state and federal income tax returns;, as Bank may reasonably request from time to time. (d) Such other financial statements and information as Bank may reasonably request from time to time; (e) In connection with each financial statement provided hereunder, a statement executed by the president or chief financial officer of Borrower, certifying that no default has occurred and no event exists which with notice or the lapse of time, or both, would result in a default hereunder; (f) Prompt written notice to Bank of all events of default under any of the terms or provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which which, if decided adversely to Borrower, would have a Material Adverse Effect material adverse effect on Borrower's financial condition; and of any other matter which has resulted in, or is likely to result in, a material adverse change in its financial condition or operations; (g) Prompt Prior written notice to Bank of any changes in Borrower's officers and other senior management; Borrower's name; and location of Borrower's assets, principal place of business or chief executive office; (h) Within fifteen days (15) days after each calendar month end, a copy of Borrower's monthly accounts receivable aging and within thirty days (30 days) of each calendar month end, copy of accounts payable aging and a certification of compliance with the Borrowing Base described above, executed by Borrower's chief financial officer or other duly authorized officer of Borrower, in form acceptable to Bank, which certificate shall accurately report Borrower's accounts receivable, Eligible Accounts, inventory and Eligible Inventory. Borrower will permit Bank to audit, at Borrower's expense, Bank's collateral upon reasonable advance notice and during regular business hours; (I) Within thirty days (30) of any material changes in Borrower's Licensing Agreements, Borrower shall provide notice of change of terms and conditions to Bank.

Information Furnished. Borrower will furnish to Bank: (a) Within sixty Fifty (6050) days after the close of each fiscal quarter, except for the final quarter of each fiscal year, its unaudited consolidated balance sheet as of the close of such fiscal quarter, its unaudited consolidated income and expense statement with supportive schedules and statement of retained earnings for that fiscal quarter and 10-Q reportquarter, prepared in accordance with generally accepted accounting principles; (b) Within one hundred twenty One Hundred Twenty (120) days after the close of each fiscal year, a copy of its statement of financial condition including at least its consolidated balance sheet as of the close of such fiscal year, its consolidated income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by one of the major independent certified public accountants selected by Borrower and 10-K reportreasonably satisfactory to Bank, in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous year; (c) As soon as available and at Bank's request, copies of such financial statements and reports as Borrower may file with any state or federal agency, including all state and federal income tax returns; (d) Such other financial statements and information as Bank may reasonably request from time to time; (ed) In connection with each financial fiscal year-end statement provided required hereunder, a statement executed by chief financial officer any management letter of Borrower, certifying that no default has occurred and no event exists which with notice or the lapse of time, or both, would result in a default hereunder's certified public accountants; (fe) Prompt written notice to Bank of all events of default under any of the terms or provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which which, if decided adversely to Borrower, would have a Material Adverse Effect material adverse effect on Borrower's financial condition; and of any other matter which has resulted in, or is likely to result in, a material adverse change in its financial condition or operations;; and (gf) Prompt Prior written notice to Bank of any changes in Borrower's officers and other senior management; Borrower's name; and location of Borrower's assets, principal place of business or chief executive office; (h) Within fifteen days (15) days after each calendar month end, a copy of Borrower's monthly accounts receivable aging and within thirty days (30 days) of each calendar month end, copy of accounts payable aging and a certification of compliance with the Borrowing Base described above, executed by Borrower's chief financial officer or other duly authorized officer of Borrower, in form acceptable to Bank, which certificate shall accurately report Borrower's accounts receivable, Eligible Accounts, inventory and Eligible Inventory. Borrower will permit Bank to audit, at Borrower's expense, Bank's collateral upon reasonable advance notice and during regular business hours; (I) Within thirty days (30) of any material changes in Borrower's Licensing Agreements, Borrower shall provide notice of change of terms and conditions to Bank.

Information Furnished. Borrower will furnish to Bank: (a) Within sixty Forty-Five (6045) days after the close of each fiscal quarter, except for the final quarter of each fiscal year, its unaudited 10Q report which includes but is not limited to the balance sheet as of the close of such fiscal quarter, its unaudited income and expense statement with supportive schedules and statement of retained earnings for that fiscal quarter and 10-Q reportquarter, prepared in accordance with generally accepted accounting principles; (b) Within one hundred twenty Ninety (12090) days after the close of each fiscal year, a copy of its 10K report of its statement of financial condition including at least its balance sheet as of the close of such fiscal year, its income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by one of the major independent certified public accountants selected by Borrower and 10-K reportreasonably satisfactory to Bank, in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous year; (c) As soon as available and at Bank's request, copies of such financial statements and reports as Borrower may file with any state or federal agency, including all state and federal income tax returns; (d) Such other financial statements and information as Bank may reasonably request from time to time; (ed) In connection with each financial statement provided hereunder, a statement executed by the chief financial officer of Borrower, certifying that no default has occurred and no event exists which with notice or the lapse of time, or both, would result in a default hereunder; (e) In connection with each fiscal year-end statement required hereunder, any management letter of Borrower's certified public accountants; (f) Prompt written notice to Bank of all events of default under any of the terms or provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which which, if decided adversely to Borrower, would have a Material Adverse Effect material adverse effect on Borrower's financial condition; and of any other matter which has resulted in, or is likely to result in, a material adverse change in its financial condition or operations;; and (g) Prompt Prior written notice to Bank of any changes in Borrower's officers and other senior management; Borrower's name; and location of Borrower's assets, principal place of business or chief executive office; (h) Within fifteen days (15) days after each calendar month end, a copy of Borrower's monthly accounts receivable aging and within thirty days (30 days) of each calendar month end, copy of accounts payable aging and a certification of compliance with the Borrowing Base described above, executed by Borrower's chief financial officer or other duly authorized officer of Borrower, in form acceptable to Bank, which certificate shall accurately report Borrower's accounts receivable, Eligible Accounts, inventory and Eligible Inventory. Borrower will permit Bank to audit, at Borrower's expense, Bank's collateral upon reasonable advance notice and during regular business hours; (I) Within thirty days (30) of any material changes in Borrower's Licensing Agreements, Borrower shall provide notice of change of terms and conditions to Bank.